how is poverty level income calculated? gross or net? we didn't pass the income part

[gemi5615]

I married a Bangladeshi guy and we're applying for his green card. He is currently here on a student visa. He recently applied for the student visa to be ajusted. Anyway, we got a letter saying that we don't meet the 125% poverty income level. I just looked at his W-2 and his gross is $19812. The 125% level is 19,663 (we're a family of 2). I am confused why we didn't pass the income test? I do not work so we can't count both salaries. We also won't be able to get a joint sponsor from friends or family. If it's really only an extra thousand we need to make up then we can do this. Has anyone gone through something similar?

Thanks!

[rayb]

Gemi,

The income meets the requirement for a household of two. I would next look at how you packaged the sponsorship package. You should have submitted the primary I-864, and show his income as a household member on the I-864,then include an I-864A for his information. You should then have included a copy of his 2013 Federal tax return, W2, employment verification letter. As the "household member" joint sponsor, however, you must have included proof of his authority to work. A student visa doesn't normally allow work privileges automatically, and that, too, might have had something to do with the evidence letter.

I suspect that something in the way you completed the I-864 and I-864A got the "request for evidence" letter.

--Ray B

I married a Bangladeshi guy and we're applying for his green card. He is currently here on a student visa. He recently applied for the student visa to be ajusted. Anyway, we got a letter saying that we don't meet the 125% poverty income level. I just looked at his W-2 and his gross is $19812. The 125% level is 19,663 (we're a family of 2). I am confused why we didn't pass the income test? I do not work so we can't count both salaries. We also won't be able to get a joint sponsor from friends or family. If it's really only an extra thousand we need to make up then we can do this. Has anyone gone through something similar?

Thanks!

[gemi5615]

Thanks so much for your response. Yes, apparently my husband didn't submit all of the income documents he needed to. This is very frustrating because he didn't tell me this part! Also, my husband is TA at the university. I don't know if they have to get a work visa since he's only allowed to work at the university. I'm not sure if working at the university is somehow different and doesn't require a work visa? I will check back once we hear more about our case. Thanks again! Gemi